Can I change attorneys during the process without notifying USCIS?

You can change attorneys at any point during the EB-2 NIW process, but the change must be formally recorded with USCIS. The agency only recognizes someone as your legal representative when a notice of entry of appearance form has been properly filed: the G-28. Without that update, the record continues pointing to your previous attorney.

In practice, when you hire a new professional, it is the new attorney who must file the G-28 to officially assume representation. Until that happens, official communications and documents continue to be sent to the previous attorney, which can create confusion and delays in your case.

• Make sure your new attorney files the G-28 before taking over communication with USCIS.
• Confirm that your personal information and contact address are up to date in the record.
• Choose attorneys or firms that specialize in immigration and be cautious of promises of quick results.

Because procedures can change, it is worth checking updated guidance directly with USCIS or a qualified specialist before making the switch official.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.